ESTATE AGENTS ACT 1980 - SECT 70O Embargo notice

ESTATE AGENTS ACT 1980 - SECT 70O

    (1)     An inspector executing a search warrant who is authorised by that warrant to seize any thing may, if the thing cannot, or cannot readily, be physically seized and removed, issue an embargo notice in the prescribed form—

        (a)     by causing a copy of the notice to be served on the occupier; or

        (b)     if the occupier cannot be located after all reasonable steps have been taken to do so, by affixing a copy of the notice to the thing in a prominent position.

    (2)     A person who knows that an embargo notice relates to a thing and who—

        (a)     sells; or

        (b)     leases; or

        (c)     without the written consent of the inspector who issued the embargo notice, moves; or

        (d)     transfers; or

        (e)     otherwise deals with—

the thing or any part of the thing is guilty of an offence and liable to a penalty not exceeding 25 penalty units.

S. 70O(3) amended by No. 68/2009 s. 97(Sch. item 53).

    (3)     It is a defence to a prosecution for an offence against subsection (2) to prove that the accused moved the thing or the part of the thing for the purpose of protecting and preserving it.

    (4)     Despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of this section is void.

S. 70P inserted by No. 103/2004 s. 40.